Respected Sir/Madam,
I am resident owner of a flat in a new apartment of 180 flats located in Bangalore. It is close to 2 years the first owner moved in and started living. As of now, we learnt around 108 flats are sold of which around 80+ have been occupied of which many owners as well tenants are living. Developer shared copy of OC received on 16th Feb.2018.
Maintenance responsibility is still with developer. Developer did collect annual maintenance fees for one year during time of flat handover and now since its been more than a year, we are asked to pay for 2nd annual maintenance fees. Though not intended to takeover the maintenance from developer, the residents are feeling to form an association in order to communicate with developer in a more formal and legal way for example asking to provide transparency of maintenance income and expenses, to pressurise for completing pending promises etc. Also to avoid the hassle of researching under which act the association to be registered, defining the bylaws etc, we are thinking of asking developer to initiate the procedure of forming association. Below are few doubts we request you to please clarify before we ask developer for association formation.
1). Is there any time limit by law within which association should be formed after getting OC? If so who should form such association?
2). Is it mandatory for the association to takeover the maintenance from developer soon after its formation and registration? As stated earlier since we are not intended to do so, could the maintenance be still left with developer after forming association?
3). What if developer tries to avoid or delay the association formation?
4). What if the developer agrees for association formation but asking to takeover the maintenance responsibility?
We may seek more advise going further, however request your help in getting above doubts clarified.
Thank you in advance.
